Assumption of Risk, Release of Liability and Indemnification Agreement
THIS IS A RELEASE OF LEGAL RIGHTS – READ AND UNDERSTAND BEFORE SIGNING
This Assumption of Risk, Release of Liability and Indemnification Agreement (this “Agreement”) is designed to protect Calvary Baptist Church of Winston-Salem, Inc. dba Calvary Baptist Day School, its officers, directors, employees, agents, and representatives (collectively, the “School”) from liabilities associated with the First Annual Cougar Challenge 5K and Fun Run on March 13, 2013 (the “Event”). All individuals participating in the Event must read and sign this Agreement to indicate their awareness of and consent to these terms.
II. The Event
The Event is a one-day, five kilometer run at Tanglewood Park hosted by the School. The Event is open to students, faculty, and staff of the School, including their invited guests. Participation in the Event is voluntary, and includes risks of bodily harm, property damage, and other loss, up to and including death. Without limiting the generality of the foregoing, participation in the Event involves risks such as sprains, strains, bruises, broken bones, exhaustion, dehydration, nausea, and heart failure.
III. Assumption of the Risks
I have read, understand and voluntarily assume all of the risks described above, as well as any and all risks of harm, injury, death or other loss that may occur to me or to my property as a result of my participation in the Event.
IV. Certification and Authorization
I certify that I am medically sound and physically fit to participate in the Event. I also authorize the School to seek emergency medical treatment on my behalf in connection with my participation in the Event, and agree that the School does not assume responsibility for and shall be released from any claim or liability related to any injury or damage that might arise out of or in connection with such treatment.
V. Other Terms
I also understand and agree that photographs may be taken at the Event, including photographs in which I appear, and I consent to the use of such photographs in connection with any future fundraising or other activities of the School.
VI. Release of Liability and Indemnification
To the maximum extent permitted by applicable law, I HEREBY RELEASE THE SCHOOL FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that may arise in any way from any injury, illness, disability, death, loss, emotional distress or harm to me or my property during the Event. To the maximum extent permitted by applicable law, I also agree to INDEMNIFY, DEFEND AND HOLD THE SCHOOL HARMLESS from and against ANY AND ALL claims, demands, causes of action, damages, losses, expenses, and attorneys’ fees (“Damages”) that may arise in any way from my participation in the Event, including Damages resulting from my own acts or omissions.
VII. Governing Law and Venue
The laws of the State of North Carolina, without regard to conflict of laws principles, shall govern all matters arising out of or relating to this Agreement. Any claim or action arising out of or relating to this Agreement must be brought exclusively in a court of competent jurisdiction in Forsyth County, North Carolina, and I voluntarily submit to the jurisdiction of such courts for this purpose.
VIII. Survival of this Agreement
I agree that in the event of my death or disability, the terms of this Agreement will be binding on my estate and my personal representative, executor, administrator, parent, or guardian will be obligated to respect and enforce them.
I agree that if any portion or provision of this Agreement is adjudged to be invalid or unenforceable, then the remainder of the Agreement will continue in full force and affect. I also agree that any portion or provision of this Agreement that is adjudged invalid or unenforceable will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Agreement.
I have carefully read and understand this Agreement. No representations, statements, or inducements, oral or written, apart from the foregoing written statements, have been made. My decision to participate in the Event is voluntary, and prior to signing this Agreement, I have had the opportunity to consult with the advisor, counselor or attorney of my choice. I have read this entire Agreement and understand that I am giving up legal rights that I might otherwise have, including the right to sue.
If the participant is less than 18 years of age, then a parent or legal guardian must also read and sign this Agreement. I am the parent or legal guardian of the above participant. I have read this Agreement and voluntarily agree for myself and the participant to be bound by its terms.